Scott Charles Hughes v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-09-00040-CR

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SCOTT CHARLES HUGHES, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 85048




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Scott Charles Hughes pled guilty to forgery. The trial court found Hughes guilty and assessed punishment at two years of confinement in a state jail facility, then suspended imposition of the sentence, placed Hughes on community supervision for five years, and assessed a $750 fine. On December 9, 2008, the State filed a motion to revoke Hughes's community supervision. Hughes pled "true" to three violations of the terms of the community supervision order. The trial court found that Hughes violated the terms of the community supervision order, revoked Hughes's community supervision, and imposed a sentence of two years of confinement in a state jail facility.

Hughes's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On April 30, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant.

We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment. (1)

AFFIRMED.

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CHARLES KREGER

Justice

Submitted on August 11, 2009

Opinion Delivered August 26, 2009

Do not publish



Before Gaultney, Kreger, and Horton, JJ.

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.